EDWARDSVILLE - Madison County Circuit Judge Sarah Smith granted a temporary restraining order in a lawsuit alleging a tenant was injured when her Granite City apartment caught fire and was not equipped with smoke detectors.
Smith ordered defendants Dillion Smith and Jeff Hatten to preserve all evidence that concerns plaintiff Cassandra Mifflin or the fire that occurred on Dec. 16, 2021, at 2437 E. 23rd Street in Granite City.
Smith also ordered the defendants to preserve all smoke detectors, fire extinguishers, materials and other items in the building. They were also instructed to maintain the building in the condition it was in after the fire.
Mifflin filed a motion for a temporary restraining order on June 23 through attorney Micah Summers of Walton Telken LLC in Edwardsville. Summers wrote that they requested a time for Mifflin's counsel, consulting experts or agents to inspect the property on at least four separate occasions. The motion stated that neither defendant has responded to Mifflin's attempt to confirm preservation.
The lawsuit was filed on May 26 in the Madison County Circuit Court. Mifflin claims a fire broke out on the apartment building's first floor on Dec. 16, 2021. Mifflin occupied apartment G3, which was on the third floor. She claims the defendants carelessly failed to install a smoke detector in the building's common stairwells or in the plaintiff's apartment.
Mifflin also alleges the apartment was "unfit for habitability" and was not properly ventilated, citing violations of building codes.
As a result, Mifflin claims she suffered injuries that cause her pain and anguish.
She seeks a judgment in excess of $50,000 in damages from each of the defendants, citing medical expenses incurred and loss of future earnings capacity.
Madison County Circuit Court case number 2022LA000683